Preview
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 06/14/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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THERESA ROBINSON and DEREK ROBINSON,
Index No.: 717964/2018
Plaintiffs,
NOTICE OF MOTION
-against- TO DISMISS AND
FOR SUMMARY JUDGMENT
NORTHWELL HEALTH, INC, LONG ISLAND
JEWISH MEDICAL CENTER, DEEPAK NANDA,
MD, PC, DEEPAK NANDA M.D., EMMANUEL
M. PAFOS, M.D.
Defendants.
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PLEASE TAKE NOTICE that, upon the annexed affirmation of BRIDGET KYLE
DAHLE Esq., dated June 14, 2021, together with the exhibits annexed hereto, and upon all
pleadings and proceedings heretofore had herein, defendants, DEEPAK NANDA M.D., P.C. and
DEEPAK NANDA, M.D., will move this Court located at 88-11 Sutphin Boulevard, Jamaica,
New York 11501, on July 14, 2021, at 9:30 a.m., or as soon thereafter as counsel can be heard, for
an Order:
(a) pursuant to CPLR§ 3211(a)(5) dismissing the Complaint against defendant Dr. Nanda
for plaintiffs’ failure to commence this lawsuit within the applicable Statute of Limitations; and
(b) pursuant to CPLR § 3212, granting summary judgment in favor of the moving
defendants and dismissing plaintiffs’ complaint in its entirety on the merits, with prejudice; and
(c) directing the Clerk of the Court to enter Judgment against plaintiff and in favor of
defendants, accordingly; and
(d) for such other and further relief as this Court deems just and proper.
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FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 06/14/2021
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR Rule 2214(b), answering
papers, if any, are required to be served upon the undersigned at least seven (7) days prior to the
return date of this motion.
Dated: New York, New York
June 14, 2021
Yours, etc.,
Rubin Paterniti Gonzalez
Rizzo Kaufman LLP
By: __________________________________
BRIDGET KYLE DAHLE, ESQ.
Attorneys for Defendants
Deepak Nanda, MD, PC and Deepak Nanda, MD
555 Fifth Avenue, 6th Floor
New York, New York 10017
(646) 809-3370
To: The Paglinawan Firm, P.C.
Attorneys for Plaintiff
118-21Queens Boulevard, Suite 501
Forest Hills, New York 11375
Aaronson Rappaport Feinstein &
Deutsch, LLP
Attorneys for Defendants
Northwell Health, Inc. and
Long Island Jewish Medical Center
600 Third Avenue
New York, New York 10016
Galvano & Xanthakis, P.C.
Attorneys for Defendant
Emmanuel M. Pafos, M.D.
358 St. Marks Place
Staten Island, New York 10301
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FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 06/14/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
THERESA ROBINSON and DEREK ROBINSON,
Plaintiff, Index No.: 717964/2018
-against-
NORTHWELL HEALTH, INC, LONG ISLAND
JEWISH MEDICAL CENTER, DEEPAK NANDA,
MD, PC, DEEPAK NANDA M.D., EMMANUEL
M. PAFOS, M.D.,
Defendants.
NOTICE OF MOTION
RUBIN PATERNITI GONZALEZ RIZZO KAUFMAN LLP
Attorneys for Defendants
DEEPAK NANDA, MD, PC, DEEPAK NANDA M.D.
Office and Post Office Address
1225 Franklin Avenue, Suite 200
Garden City, New York 11530
(516) 344-6376
TO: ALL PARTIES
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Preview
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 06/14/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------------------------------------------------------x THERESA ROBINSON and DEREK ROBINSON, Index No.: 717964/2018 Plaintiffs, NOTICE OF MOTION -against- TO DISMISS AND FOR SUMMARY JUDGMENT NORTHWELL HEALTH, INC, LONG ISLAND JEWISH MEDICAL CENTER, DEEPAK NANDA, MD, PC, DEEPAK NANDA M.D., EMMANUEL M. PAFOS, M.D. Defendants. ---------------------------------------------------------------------x PLEASE TAKE NOTICE that, upon the annexed affirmation of BRIDGET KYLE DAHLE Esq., dated June 14, 2021, together with the exhibits annexed hereto, and upon all pleadings and proceedings heretofore had herein, defendants, DEEPAK NANDA M.D., P.C. and DEEPAK NANDA, M.D., will move this Court located at 88-11 Sutphin Boulevard, Jamaica, New York 11501, on July 14, 2021, at 9:30 a.m., or as soon thereafter as counsel can be heard, for an Order: (a) pursuant to CPLR§ 3211(a)(5) dismissing the Complaint against defendant Dr. Nanda for plaintiffs’ failure to commence this lawsuit within the applicable Statute of Limitations; and (b) pursuant to CPLR § 3212, granting summary judgment in favor of the moving defendants and dismissing plaintiffs’ complaint in its entirety on the merits, with prejudice; and (c) directing the Clerk of the Court to enter Judgment against plaintiff and in favor of defendants, accordingly; and (d) for such other and further relief as this Court deems just and proper. 1 of 3 FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 06/14/2021 PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR Rule 2214(b), answering papers, if any, are required to be served upon the undersigned at least seven (7) days prior to the return date of this motion. Dated: New York, New York June 14, 2021 Yours, etc., Rubin Paterniti Gonzalez Rizzo Kaufman LLP By: __________________________________ BRIDGET KYLE DAHLE, ESQ. Attorneys for Defendants Deepak Nanda, MD, PC and Deepak Nanda, MD 555 Fifth Avenue, 6th Floor New York, New York 10017 (646) 809-3370 To: The Paglinawan Firm, P.C. Attorneys for Plaintiff 118-21Queens Boulevard, Suite 501 Forest Hills, New York 11375 Aaronson Rappaport Feinstein & Deutsch, LLP Attorneys for Defendants Northwell Health, Inc. and Long Island Jewish Medical Center 600 Third Avenue New York, New York 10016 Galvano & Xanthakis, P.C. Attorneys for Defendant Emmanuel M. Pafos, M.D. 358 St. Marks Place Staten Island, New York 10301 2 of 3 FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 06/14/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS THERESA ROBINSON and DEREK ROBINSON, Plaintiff, Index No.: 717964/2018 -against- NORTHWELL HEALTH, INC, LONG ISLAND JEWISH MEDICAL CENTER, DEEPAK NANDA, MD, PC, DEEPAK NANDA M.D., EMMANUEL M. PAFOS, M.D., Defendants. NOTICE OF MOTION RUBIN PATERNITI GONZALEZ RIZZO KAUFMAN LLP Attorneys for Defendants DEEPAK NANDA, MD, PC, DEEPAK NANDA M.D. Office and Post Office Address 1225 Franklin Avenue, Suite 200 Garden City, New York 11530 (516) 344-6376 TO: ALL PARTIES 3 of 3